ML12100A217

NRC Investigation Report No. I-2011-047, Letter to Constellation Energy

ML12100A217
Person / Time
Site:	Calvert Cliffs
Issue date:	04/09/2012
From:	Clifford J W Reactor Projects Branch 1
To:	Gellrich G H Constellation Energy Nuclear Group
DENTEL, G.
References
EA-12-009 I-2011-047
Download: ML12100A217 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD KING OF PRUSSIA, PENNSYLVANIA 19406-1415 April 9, 2012 EA-12-009 Mr. George H. Gellrich, Vice President Calvert Cliffs Nuclear Power Plant, LLC Constellation Energy Nuclear Group, LLC

1650 Calvert Cliffs Parkway Lusby, Maryland 20657-4702

SUBJECT:

NRC INVESTIGATION REPORT NO. 1-2011-047

Dear Mr. Gellrich:

This letter refers to the investigation by the U. S. Nuclear Regulatory Commission's (NRC)

Office of Investigations completed on December 28, 2011, at Calvert Cliffs Nuclear Power Plant (CCNPP). The purpose of the investigation was to determine whether a non-licensed operator (NLO) deliberately became inattentive to duty in the 2B emergency diesel generator (EDG) room at CCNPP on June 15, 2011. As a result of the investigation, the NRC confirmed that the NLO deliberately became inattentive to duty in the 2B EDG room at CCNPP on June 15, 2011. The NLO's actions caused CCNPP to be in violation of NRC requirements, specifically Technical Specification 5.4.1.a, "Procedures," which requires written procedures shall be established, implemented, and maintained covering the applicable procedures recommended in Regulatory Guide 1.33, "Quality Assurance Program Requirements (Operation)," Revision 2, Appendix A, February 1978. Regulatory Guide 1.33 recommends administrative procedures covering the plant fire protection program.

SA-1-101, "Fire Fighting" procedure states, in Section 5.1, that the Fire Brigade shall also consist of an additional four Fire Brigade Members who are qualified, trained and equipped to respond to fire-related emergencies at Calvert Cliffs Nuclear Power Plant; Section 5.5 states that the Plant Fire Brigade shall respond to the fire notification by reporting to the applicable fire brigade locker, as directed by the Fire Brigade Leader. If unable to respond, the Plant Fire Brigade member shall notify the Control Room. Contrary to this requirement, on June 15, 2011, an NLO, who was a credited member of the fire brigade, was found to have been inattentive for some period of time while he was in the 2B EDG room. Specifically, the NLO was lying on the floor with his hardhat and radio removed, and his eyes closed. As such, the NLO was not effectively equipped to have responded to a fire notification, if one had been made, and the Control Room had not been notified of his inability to respond during the time he was inattentive.

Since the actions of the NLO were deliberate, he violated the NRC's deliberate misconduct rule (10 CFR 50.5) that prohibits employees from engaging in deliberate misconduct that would cause a licensee to be in violation of NRC requirements.

Because you are responsible for the actions of your employees, and because the violation was willful, the violation was evaluated under the NRC tr aditional enforcement process as set forth in Section 2.2.4 of the NRC Enforcement Policy. The NRC concluded that the failure of the NLO to remain attentive, absent willfulness, would be considered a Severity Level IV violation. The G. Gellrich 2 current NRC Enforcement Policy is included on the NRC's website at http://www.nrc.gov

select About NRC, Regulation, Enforcement, then, Enforcement Policy. The NRC considered issuance of a Notice of Violation and escalation of the issue for willfulness. However, after considering the factors set forth in Section 2.2.1 and 2.3.2 of the NRC Enforcement Policy, the NRC determined that a severity level IV non-cited violation (NCV) is appropriate in this case because

(1) the individual was a nonsupervisory employee; (2) there were no safety consequences as a result of the misconduct; (3) the violation appeared to be an isolated action of the employee without management involvement and was not caused by a lack of management oversight; and (4) there was no monetary or other advantage to CCNPP.

A response to this letter is not required. However, if you contest this NCV or its significance, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555-0001, with copies to the Regional Administrator, Region I; Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at CCNPP. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and your response, if you choose to provide one, will be available electronically for public inspection in the NRC Public Document Room or from the NRC's Agencywide Documents Access and Management System (ADAMS) accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response, if you choose to provide one, should not include any per sonal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. Should you have any questions regarding this letter, please contact Mr. Glenn Dentel at 610-337-5233.

Sincerely,

/RA/ James W. Clifford, Acting Director Division of Reactor Projects Docket No. 50-317, 50-318 License No. DPR-53, DPR-69 Distribution via ListServ

ML12100A217 SUNSI Review Non-Sensitive Sensitive Publicly Available Non-Publicly Available OFFICE RI/DRP RI/DRP RI/OI RI/ORA RI/DRP NAME NPerry */ NP GDentel/ GTD JTeator/ MAM for KFarrar/ KLF ADeFrancisco/ AED DATE 03/23 /12 03/29 /12 03/ 30/12 03/29 /12 03/ /12 OFFICE RI/DRP NAME JClifford/ JWC DATE 04/04//12 *See prior concurrence

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